There is no rational basis to conclude that at the time [the officer] saw defendant falling asleep behind the steering wheel of his running car … that defendant had been driving or was about to drive while under the influence of some unknown intoxicant.
The facts of the case are straightforward: at around 2:49 a.m. on a Sunday morning, Mr. Bennett pulled his car into a parking space at a convenience store. Bennett then waited in his car while his passenger went into the store. A police officer who happened to be outside the store observed Bennett, who appeared to the officer to be “groggy … and falling asleep behind the steering wheel with the engine running.” Based solely on this observation, the officer approached Bennett’s vehicle and opened the door to speak with him. Evidence obtained pursuant to this action formed the basis of DWI and Refusal charges. The Appellate Division held that, assessing the totality of the circumstances in this case, “there is no rational basis to conclude that at the time [the officer] saw defendant falling asleep behind the steering wheel of his running car, he had a particularized suspicion, based on objective observation, that defendant had been driving or was about to drive while under the influence of some unknown intoxicant.” While it would have been proper for the officer to knock on Bennett’s window to engage in conversation with him, the officer’s action in opening the car door was not legally sustainable as a valid investigatory stop. The Court further held that the officer’s action could not be justified under the community care-taking doctrine, because the officer’s “actions were … intended to detect, investigate or acquire evidence relating to a possible violation of a Title 39 offense.” Therefore, the State could not invoke the community care-taking doctrine “to convert an unconstitutional investigatory act to acquire inculpatory evidence without probable cause without probable cause into a benign attempt to verify defendant’s health status.”
By Christopher G. Hewitt, Esq.
Most criminal cases end with a plea bargain, rather than a trial. If you are…
Most driving under the influence (DUI) cases are resolved through a plea bargain. Essentially, a…
Conviction for burglary charges in NJ can carry severe, life-altering consequences. Depending upon your actions, you…
Once you are arrested for DUI in New Jersey, the DUI court process works quickly. Though classified as a…
New Jersey imposes strict penalties for DWI that often have both short and long term consequences. Even a…
If you are facing DWI charges, you may be justifiably worried about what type of penalties you…